| (a) The department may submit a counterclaim under the provisions of Texas Government Code, Chapter 2260. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and (3) provide the following: (A) the nature of the counterclaim; (B) the damages or offsets sought, including the amount and method used to calculate those damages or offsets; and (C) the legal theory supporting the counterclaim. (c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the department may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the department's counterclaim. (d) The notice of counterclaim shall be delivered to the contractor no later than the deadline provided in §2260.051(d) of the Texas Government Code. The statutory deadline depends on the date of the contract upon which the counterclaim is based. (e) The department is not precluded from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction and may do so without engaging in the process provided by these regulations. |
